Supreme Court Dismisses Appeals against Fubara, Kefas, Aliyu’s Elections

*Rivers governor restates commitment to governance 

*PDP governors, Tonye Cole hail verdict

Chuks Okocha, Alex Enumah in Abuja, Blessing Ibunge in Port Harcourt

Relief came the way of three governors yesterday, as a five-member panel of the Supreme Court dismissed the appeals challenging their declaration as governors.
The governors whose seat were retained by the judgments of the apex court were; Siminalayi Fubara of Rivers State, Agbu Kefas of Taraba State and Ahmed Aliyu of Sokoto State.
The affirmation has brought the number of governors whose election in the 2023 general elections were affirmed by the courts to 20.
Although, the governorship election took place in 28 states of the federation, only 21 states’ cases got to the apex and the only pending case is that of Adamawa State, between Senator Aishatu Dahiru Benani of the All Progressives Congress (APC) and Ahmad Fintiri of the People’s Democratic Party (PDP).
Delivering judgments in separate appeals against the governors, the apex court noted that the appellants were not convincing enough to have judgments delivered in their favour.

Rivers State Governor

In the first case to be decided, the five-member panel in the lead judgment delivered by Justice Ibrahim Saulawa, affirmed Fubara’s election shortly after it dismissed the appeal by Mr. Tonye Cole of the All Progressives Congress (APC) for being incompetent and lacking in merit.
According to Saulawa, the appellant did not prove his allegations of over-voting, non-compliance as well as non-qualification of Fubara to contest the election.
“This appeal is grossly lacking in merit and liable to be dismissed and it is accordingly dismissed”, Justice Saulawa held.
The apex court subsequently affirmed the concurrent judgments of the two lower courts which earlier dismissed the appeal for lacking in merit.
Cole, in his appeal had asked the apex court to reverse both the Court of Appeal and tribunal judgments which had upheld the declaration of Fubara of the PDP as winner of the March 18, 2023 governorship election in Rivers State.

He insisted that the lower court erred in law when it agreed with the Rivers State Governorship Election Petition Tribunal that he did not prove his allegations against the governorship poll.
Cole had urged the apex court to allow his appeal and grant the reliefs sought which included the setting aside of the concurrent judgments of the two lower courts and declared him winner of the March 18 governorship election in Rivers State.
The Independent National Electoral Commission (INEC) had declared PDP’s Fubara as governor having won majority of the lawful votes cast at the governorship poll.
Dissatisfied, APC and Cole citing alleged irregularities, non-compliance with the Electoral Act, corrupt practices amongst others, had asked the tribunal to void Fubara’s election as governor.

Besides they had claimed that Fubara was not qualified to contest the election over alleged violation of the law because he had allegedly continued to sign documents as the Rivers State’s Accountant-General despite been nominated governorship candidate of the PDP.
But, the tribunal in a unanimous judgment held that the allegations were not proved to warrant the grant of the reliefs sought and subsequently dismissed it.
Dissatisfied, Cole had also approached the appellate court to reverse the judgment of the tribunal, but was told he did not advance any cogent reason to warrant the Court of Appeal to deviate from the findings and conclusion of the tribunal.
While the candidate of the Labour Party (LP) withdrew her appeal shortly after it was filed, the apex court had last few days ago, dismissed the appeal by the Allied Peoples Movement (APM).

The appeal was dismissed following its withdrawal by the APM’s counsel Confidence Kere.
When the case of the APM was called its counsel, Kere attempted to adopt and argue its client’s case, however Kere was cut short by the panel led by Justice Kudirat Kekere-Ekun, who pointed out that the APM lacked the legal standing to institute the appeal on the grounds that it did not take part in the actual election. Kere subsequently applied orally to withdraw the appeal and since the respondents did not object to the withdrawal, the apex court subsequently dismissed it.
However, reacting to the Supreme Court judgement, Fubara vowed to rededicate himself to governance.
This was as civil servants and residents of the State declared celebration and parties over the victory.
The governor who spoke immediately after the delivering of the government by the Supreme Court in Abuja, expressed his resolve to remain committed to the purpose for which he was elected, stressing that he would not allow anything to distract governance.
Fubara said his triumph at the Supreme Court has laid to rest the legal battles that added to the distractions his administration grappled with in the last eight months.

“About an hour ago, the Supreme Court revalidated our mandate in the election. It is a victory for the entire State. It is important for us to note that we need this victory to consolidate the purpose of governance. Prior, we have had a few distractions here and there.
“And the good news that came to us this morning is a refreshing strength that will encourage us to continue the good works in governance,” he added.
Fubara, expressed gratitude to God for His help and to President Bola Tinubu for his fatherly role concerning the internal crisis and the litigation against his election.

The governor also extended gratitude to the Minister of the Federal Capital Territory (FCT) whom he described as his “Oga” for all his support.
He, however, called on everyone to join hands with his administration to build a competitive State that would be reckoned with as truly prosperous in all ramifications.
“We have a dream of making it a highly competitive State that will measure, if not up to Lagos but close to becoming like Lagos. We can only achieve this in an atmosphere of peace.
“So I am calling on everyone, not just on our internal issue but those members from other parties, the issue is settled, come and let’s build the Rivers State of our dream.
“We will continue to protect and provide the basic needs of governance to everyone who is doing business and who lives in Rivers State,” he added.
Also reacting to the Court judgement, Tonye Cole extended hands of fellowship to Fubara, while congratulating the governor on his victory at the Supreme Court yesterday.

Cole said he was a committed democrat and would respect the rule of law. He further commended Fubara for his victory at the Supreme Court after months of legal battle.
Cole expressed, “My dear people of Rivers state, I acknowledge the recent Supreme Court pronouncement of Governor Siminalayi Fubara’s victory in the governorship election. As a committed democrat, I respect the rule of law and therefore pursue the electoral process diligently.
“Regardless of the outcome, my believe in democracy and service to the remains unwavering. I accept the court decision within reservation understanding that it aligns with what God wants this time.

“Our collective goal is a conducive environment for growth. I pledge to collaborate with all well-being individuals in and out of government to revive Rivers State where commerce and development thrives and people can live harmoniously in peace. This has been my primary motivation in the political process and nothing has shaken my resolve in that regard.
“Congratulations to Governor Siminalayi Fubara on his victory and I extend my hand of fellowship to the government and people of Rivers State for a bright future,” the APC guber candidate added.
Meanwhile, the Rivers State Council of the Nigeria Union of Journalists (NUJ) has felicitated Fubara, on his affirmation by the Supreme Court as the duly elected Governor of the State during the March 18 governorship poll.        

 
The NUJ, in a statement jointly signed by its Chairman, Stanley Job Stanley and Secretary, Ike Wigodo, described the Supreme Court’s declaration as a confirmation of the people’s trust and mandate freely given to the governor.
It urged Fubara to be magnanimous in victory and also see his victory at the apex court as a birthday gift to him and the good people of Rivers State.
The NUJ urged the governor not to be distracted by political opponents but to focus on delivering good governance to the people of Rivers State.
Similarly, a group, Rivers Peace Initiative, said Fubara’s victory does not warrant unhealthy celebration, “knowing that this is simply a resolution of a difference between brothers, so as not to fuel the feeling of loss that may result in violence.”

Taraba State Governor

Also, the apex court in another unanimous judgment, delivered by Justice Garba Lawal, affirmed the election of PDP’s Kefas as Taraba Governor, shortly after dismissing the appeal filed by Yahaya Sani of the New Nigerian People’s Party (NNPP) for being incompetent and lacking in merit.
Justice Lawal pointed out that the appellants did not provide any tangible evidence to show that the two judgments of the Court of Appeal and Taraba Governorship Election Petition Tribunal were perverse in dismissing their case.
According to Justice Lawal, the Court of Appeal was right in holding that the case of the appellants was incompetent on grounds of incomplete transmission of the record of proceedings.
The apex court subsequently affirmed the concurrent judgments that affirmed the declaration of Kefas as winner of the March 18, 2023, governorship election in Taraba State.
The Court of Appeal, Abuja, had last November, affirmed the election of Kefas as Governor of Taraba State.
A three-member panel of the appellate court in two separate appeals had held that Kefas, was lawfully declared winner of the March 18 governorship election in Taraba State.

Delivering judgment in the appeal filed by Sani of the NNPP, the appellate court had held that the allegations of non-compliance, irregularities and other malpractices were not proved by the appellant.
In a unanimous judgment delivered by Justice Peter Affen, the appellate court faulted the appellant for dumping documents on the court, stressing that even if there was manifest incidents of malpractices or irregularities on the face of the documents, the appellant ought to have led oral evidence to support his allegations.
Besides, the court had dismissed the appeal for being incompetent and lacking in merit on grounds that the record of proceedings transmitted to the appellate court was not complete.

Earlier, delivering judgment in the cross appeal filed by the governor, the court struck out the appeal on the grounds that the petitioner was inconsistent in the reliefs sought in his petition. According to the appellate court, while the appellants had prayed for nullification of the election on grounds of non-compliance with the Electoral Act, they in another breath asked the court to pronounce them as winners of the same election on ground of scoring majority of lawful votes.
The court held that it was against the law for any litigant as in the case of NNPP and its governorship candidate to blow hot and cold at the same time. Justice Affen further held that, having prayed that the election be nullified on account of non-adherence with the Electoral Act, the alternative prayer that, they be declared winner of the same election have no legs to stand upon. The appellate court subsequently allowed the cross appeal and struck out the petition.
A three-man panel of justices led by Justice G. A. Sunmonu of the Taraba state Governorship election petition Tribunal had on September 30 dismissed the petition filed by the NNPP and its governorship candidate for lacking in merit.

Sokoto State Governor

Similarly, the apex court in another judgment delivered by Justice Tijjani Abubakar, affirmed the election of Governor Ahmed Aliyu of Sokoto State, shortly after it dismissed the appeal by Saidu Umar of the PDP.
The apex court in the unanimous judgment held that the appellants did not demonstrate that the two lower courts were perverse in their judgments and did not also show evidence of miscarriage of justice.
Justice Abubakar subsequently dismissed the appeal for being incompetent and lacking in merit.
Umar and the PDP had listed nine grounds upon which they had asked the Supreme Court to set aside the concurrent judgments of the election petition tribunal and the Court of Appeal which affirmed the election of Ahmed Aliyu as Governor of Sokoto State.
INEC had in March last year declared Aliyu and his party, the APC winner of the Sokoto governorship election, having won majority of the lawful votes cast at the poll.

Dissatisfied Umar and PDP citing grounds such as malpractices, non-compliance as well as non-qualification urged the tribunal to void the election of Aliyu as governor.
On one hand, they prayed the tribunal to sack Aliyu and declare them authentic winner of the election, while on the other they had argued that the election be declared inconclusive and a rerun in about 138 polling units be ordered.
But, the three-member panel of Justices of the tribunal, led by Justice Haruna Msheila, in a unanimous judgment delivered on September 30, dismissed the petition for lacking in merit. The tribunal held that the petitioners failed to prove the six grounds formulated in their joint petition.
According to the tribunal, the grounds stated in the petition bordered on alleged ineligibility of Aliyu and his deputy to contest, falsification of certificates, variation of names, election frauds and non-compliance with electoral guidelines.

The lower court held in its judgment that the petitioners were unable to prove the allegations beyond reasonable doubt as required by law, as 70 per cent of exhibits they tendered were out of context because they relate to State Assembly elections conducted on the same day.
Dissatisfied, Umar and PDP went to the Court of Appeal, which in its own judgment affirmed the decision of the tribunal. The three-member panel of the appellate court had in a unanimous judgment, held that the appellants failed to substantiate allegations of irregularities, noncompliance as well as non-qualification contained in their appeal.
Aliyu had won the election with about 49,000 votes, while total number of registered voters in the affected polling units where election was cancelled was put at over 85,000, total number of collected Permanent Voters Card (PVC) was put at over 82,000.
Based on the above the appellants had urged the appellate court to void the election of Aliyu, declare the March 18 election inconclusive and that the electoral umpire be ordered to conduct a supplementary election in the 138 polling units where election was cancelled.

They had presented INEC’s form EC40G (incident form; showing elections were cancelled due to over-voting or disruption. In the lead judgment, the appellate court noted that the form EC40G, “shows electorates were given opportunity to vote but something went wrong culminating in the cancellation of the election”.
While stating that he doesn’t think it was necessary to call any person to speak again to such documents in line with Section 137 of the Electoral Act, Justice Mbaba Bassi who delivered the lead judgment, however, observed that precedence already set by the Court of Appeal and the Supreme Court in related matters demand that the appellants lead oral evidence to support the allegation of manipulation of votes through the cancellation of election in 138 polling units.
Based on this, Bassi had held that the tribunal was right in expunging evidence of non-compliance and other alleged irregularities and malpractices because the evidences were presented by incompetent witnesses. He further held that the failure of the appellants to list and front-load the statement of the witnesses was fatal to their case.
Besides, the appellate court held that even though the appellants provided documents from INEC to prove cancellation of election in 138 polling units across the state, their failure to call witnesses from the affected polling units to speak to the documents was fatal to their case. Justice Bassi pointed out that reliance on Section 137 of the Electoral Act, 2022, was insufficient to prove cancellation without oral evidence.

On the issue of alleged certificate forgery, the appellate court similarly agreed with the tribunal that the appellants were unable to prove that the certificate submitted by the Governor and his deputy were forged.
While observing that allegations of forgery are criminal in nature and as such must be proven beyond reasonable doubt, the panel stated that failure of the appellants to provide both the forged and original certificates before the court was fatal to their case.
Not satisfied yet, Umar and PDP approached the apex court to see how they could reverse the concurrent judgments of the two lower courts. The appellants through their team of lawyers led by Mr. Sunday Ameh, claimed that “the judgment of the Court of Appeal is against the weight of evidence,” and as such should be set aside by the apex court.

“The Court of Appeal in its judgment ignored the Supreme Court’s pronouncement on the application of the provision of Section 137 of the Electoral Act, 2022”, they submitted.
According to the appellants the Court of Appeal made a positive finding that the evidence on record before the court demonstrated that the non-compliance complained of by the appellants were manifest from the Certified True Copies of documents relied upon, adding that by the doctrine of judicial precedent, the Court of Appeal was bound without any discretion by the decision of the Supreme Court in OYETOLA V. INEC (Supra) and not recent authorities of the Court of Appeal as erroneously held at page 104 of its judgment on the same point that the Supreme Court had made positive pronouncement on.

“The Supreme Court’s judgment in OYETOLA V. INEC ranks superior to the authorities of COLLINS VS INEC & ORS: (CA/AB)/EP/HR/IM/79/2023, delivered on 4/10/2023, and UKODHIKO VS PDP & ORS: CA/AS/EP/HR/OL/16/2023, delivered on 1/11/2023 heavily relied on by the Court of Appeal at page 104 of its Judgment,” they submitted.
Ameh accordingly asked the apex court to allow the appeal and set aside the concurrent judgments that affirmed Aliyu as governor.
However, INEC, Aliyu and the APC prayed the apex court to dismiss the appeal for being incompetent and lacking in merit. They submitted that the two lower court’s judgment is impeccable and provide no ground for the apex court to deviate from.

PDP Congratulates Fubara, Kefas, Says Judgements Victory for Democracy

The PDP yesterday congratulated Fubara and Kefas over the judgements of the Supreme Court.
In a statement by National Publicity Secretary, PDP, Debo Ologunagba, said the excitement by Nigerians especially in Rivers and Taraba States at the news of the judgements reverberated as undisputed testimony that the decision of Supreme Court was in line with the democratic verdict of the people as expressed at the polls.
Ologunagba, said the PDP was proud of Fubara and Kefas for their excellent performances since assumption of office on May 29, 2023, especially in hitting the ground running in the delivery of people-oriented infrastructural and citizen empowerment programmes and projects in line with the policy thrust, vision and manifesto of the PDP.
According to Ologunagba, “Our party urges Governor Fubara and political stakeholders in Rivers State to use the opportunity of the judgment to foster peace and take necessary steps to move their State forward in an atmosphere of unity and inclusiveness in the overall interest of the people. “
The Party commended and appreciated the people of Rivers and Taraba States for their unwavering support for the PDP, urging them to continue in that spirit in their quest to maintain good governance in their States.

Relatedly, the PDP Governors’ Forum (PDP-GF) yesterday congratulated Fubara and Kefas over the judgements of the Supreme Court which reconfirmed their victories in the March 18, 2023 Governorship election in their respective States.
The Forum applauded the Supreme Court verdict as an affirmation and consolidation of the people’s will and a vindication of the solidarity and massive support of the people of Rivers and Taraba States; even as they commended the Justices of the Supreme Court for rising to the occasion of decisively safeguarding our democracy through delivery of judgments that honours the votes of the people.
According to a statement by the Director General of the forum, Cyril Maduabum, “In the case of Rivers State, we posit that this victory is for the peace-loving and vibrant people of Rivers State, and it brings an end to litigations on the Goverorship election. It also helps to ensure stability and certainty in governance   under the visionary leadership of Governor Fubara.

“It lays a firm foundation for continued, good governance, and people-oriented service.
“Governor Fubara has in six months in office initiated and in some instances completed, people-oriented projects in infrastructure, housing, agriculture, women and youth empowerment, civil service employment opportunities, worker’s welfare, health service delivery, and other measures to reduce poverty in Rivers State.
“In Taraba State, the people rallied round and rooted for the development minded tactician in Governor Kefas to further revolutionise service delivery in the State. He has so far exceeded the expectations of the people of Taraba State, setting the pace and quality of governance.
“He has made substantial progress in the areas of youth inclusion, women empowerment, state security, including reconciliation among the various ethnic and diverse groups, thus  enthroning a conducive environment for investment and peaceful coexistence.”